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Senate Study Bill 3060 - IntroducedA Bill ForAn Act 1concerning benefits under the municipal fire and police
2retirement system.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 411.1, subsection 14, Code 2020, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
414. “Member in good standing” means any member in service
5who has not been terminated by the employing city of the
6member pursuant to section 400.18 or 400.19. Termination
7procedures initiated by the chief of police or chief of the
8fire department pursuant to section 400.19 shall not become
9final or adversely impact a member’s status as a member in
10good standing until all appeals provided by an applicable
11collective bargaining agreement or by law have been exhausted.
12Disciplinary action other than discharge shall not adversely
13affect a member’s status as a member in good standing.
14 Sec. 2. Section 411.6, subsection 5, paragraphs a and b,
15Code 2020, are amended to read as follows:
16a. Upon application to the system, of a member in good
17standing, of a beneficiary, or of the chief of the police or
18fire departments, respectively, any member in good standing
19or beneficiary who has become totally and permanently
20incapacitated for duty as the natural and proximate result of
21an injury or disease incurred in or aggravated by the actual
22performance of duty at some definite time and place or arising
23out of and in the course of the employment, or while acting
24pursuant to order, outside of the city by which the member
25is regularly employed, shall be retired by the system if the
26medical board certifies that the member or beneficiary is
27mentally or physically incapacitated for further performance
28of duty, that the incapacity is likely to be permanent, and
29that the member or beneficiary should be retired. However,
30if a person’s membership in the system first commenced on or
31after July 1, 1992, the member or beneficiary shall not be
32eligible for benefits with respect to a disability which would
33not exist, but for a medical condition that was known to exist
34on the date that membership commenced. A medical condition
35shall be deemed to have been known to exist on the date that
-1-1membership commenced if the medical condition is reflected in
2any record or document completed or obtained in accordance
3with the system’s medical protocols pursuant to section
4400.8, or in any other record or document obtained pursuant
5to an application for disability benefits from the system, if
6such record or document existed prior to the date membership
7commenced. A member who is denied a benefit under this
8subsection, by reason of a finding by the medical board that
9the member is not mentally or physically incapacitated for the
10further performance of duty, shall be entitled to be restored
11to active service in the same position held immediately prior
12to the application for disability benefits.
13b. If a member in service or the chief of the police or
14fire departments becomes incapacitated for duty as a natural
15or proximate result of an injury or disease incurred in or
16aggravated by the actual performance of duty at some definite
17time or place arising out of or in course of the employment, or
18while acting, pursuant to order, outside the city by which the
19member is regularly employed, the member, upon being found to
20be temporarily incapacitated following a medical examination as
21directed by the city, is entitled to receive the member’s full
22pay and allowances from the city’s general fund or trust and
23agency fund until reexamined as directed by the city and found
24to be fully recovered or until the city determines that the
25member is likely to be permanently disabled. If the temporary
26incapacity of a member continues more than sixty days, or
27if the city expects the incapacity to continue more than
28sixty days, the city shall notify the system of the temporary
29incapacity. Upon notification by a city, the system may refer
30the matter to the medical board for review and consultation
31with the member’s treating physician during the temporary
32incapacity. Except as provided by this paragraph, the board
33of trustees of the statewide system has no jurisdiction over
34these matters until the city determines that the disability is
35likely to be permanent.
-2-1 Sec. 3. Section 411.6, subsection 5, paragraph c, Code 2020,
2is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (2A) Disease under this subsection shall
4also mean any incapacitating mental disorder arising out of
5and in the course of the employment, or while acting, pursuant
6to order, outside the city by which the member is regularly
7employed. A disease shall qualify as an incapacitating mental
8disorder irrespective of the absence of similar effects on
9other members.
10 Sec. 4. Section 411.6, subsection 6, paragraph c, Code 2020,
11is amended to read as follows:
12c. Upon retirement for accidental disability on or after
13July 1, 1998, or a determination that a beneficiary is
14entitled to a retirement for accidental disability, a member or
15beneficiary shall receive an accidental disability retirement
16allowance which shall consist of a pension in an amount equal
17to the greater of sixty percent of the member’s average final
18compensation or the retirement allowance that the member
19would receive under subsection 2 if the member had attained
20fifty-five years of age.
21 Sec. 5. Section 411.6, subsection 7, unnumbered paragraph
221, Code 2020, is amended to read as follows:
23The system may, and upon the member’s application by the
24member or beneficiary shall, require any disability beneficiary
25who has not yet attained age fifty-five to undergo a medical
26examination at a place designated by the medical board. The
27examination shall be made by the medical board or, in special
28cases, by an additional physician or physicians designated
29by such board. If any disability beneficiary who has not
30attained the age of fifty-five refuses to submit to the medical
31examination, the member’s allowance may be discontinued until
32withdrawal of such refusal, and if the refusal continues for
33one year all rights in and to the member’s pension may be
34revoked by the system. For a disability beneficiary who has
35not attained the age of fifty-five and whose entitlement to
-3-1a disability retirement commenced on or after July 1, 2000,
2the medical board may, as part of the examination required
3by this subsection, suggest appropriate medical treatment or
4rehabilitation if, in the opinion of the medical board, the
5recommended treatment or rehabilitation would likely restore
6the disability beneficiary to duty.
7 Sec. 6. Section 411.6, subsection 9, paragraph a,
8subparagraph (1), Code 2020, is amended to read as follows:
9(1) If, upon the receipt of evidence and proof from the
10chief of the police or fire department that the death of a
11member in service was the natural and proximate result of an
12injury or disease incurred in or aggravated by the actual
13performance of duty at some definite time and place or arising
14out of and in the course of the employment, or while acting
15pursuant to order, outside of the city by which the member is
16regularly employed, the system decides that death was so caused
17in the performance of duty, there shall be paid, in lieu of the
18ordinary death benefit provided in subsection 8, an accidental
19death benefit as set forth in this subsection.
20 Sec. 7. Section 411.15, Code 2020, is amended to read as
21follows:
22411.15 Hospitalization and medical attention.
23Cities shall provide hospital, nursing, and medical
24attention for the members of the police and fire departments
25of the cities, when injured while in the performance of their
26duties as members of such department or for injuries and
27diseases arising out of and in the course of the employment,
28and shall continue to provide hospital, nursing, and medical
29attention for all injuries or diseases incurred while in the
30performance of their duties or arising out of and in the course
31of the employment for members or beneficiaries receiving
32a retirement allowance under section 411.6, subsection 6.
33Cities may fund the cost of the hospital, nursing, and medical
34attention required by this section through the purchase of
35insurance, by self-insuring the obligation, or through payment
-4-1of moneys into a local government risk pool established for the
2purpose of covering the costs associated with the requirements
3of this section. However, the cost of the hospital, nursing,
4and medical attention required by this section shall not be
5funded through an employee-paid health insurance policy. The
6cost of the hospital, nursing, and medical attention required
7by this section shall be paid from moneys held in a trust and
8agency fund established pursuant to section 384.6, or out of
9the appropriation for the department to which the injured
10person belongs or belonged; provided that any amounts received
11by the injured person from any other source for such specific
12purposes, shall be deducted from the amount paid by the city
13under the provisions of this section.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill concerns benefits under the municipal fire and
18police retirement system established under Code chapter 411.
19The bill amends the definition of “member in good standing”
20to mean any member in service who has not been terminated by
21the employing city of the member.
22Code section 411.6(5), concerning accidental disability
23benefits, is amended to allow a beneficiary to make application
24to the retirement system for an accidental disability
25retirement benefit. The subsection is further amended to
26provide that a person is entitled to pay and allowances
27if determined to be temporarily incapacitated prior to an
28accidental disability retirement determination and for an
29accidental disability retirement if the person has become
30totally and permanently incapacitated as a result of injury and
31disease arising out of and in the course of the employment and
32by the actual performance of duty without regard to whether
33that actual performance of duty was at some definite time and
34place. The subsection is also amended to provide that disease
35for purposes of an accidental disability benefit also means any
-5-1incapacitating mental disorder arising out of and in the course
2of the employment, or while acting, pursuant to order, outside
3the city by which the member is regularly employed.
4Code section 411.6(6), providing for a retirement allowance
5upon retirement for accidental disability, is amended to
6provide that a beneficiary who is determined to be entitled to
7a retirement for accidental disability shall receive a pension
8as determined for members receiving an accidental disability
9retirement.
10Code section 411.6(7), concerning reexamination of
11beneficiaries retired on account of disability, is amended to
12allow a beneficiary who has not reached age 55 to request a
13medical examination to determine, in part, if the beneficiary
14can be restored to duty.
15Code section 411.6(9), concerning accidental death benefits,
16is amended to provide that an accidental death benefit shall
17also be paid if the death was as a result of injury and disease
18arising out of and in the course of the employment or by the
19actual performance of duty without regard to whether that
20actual performance of duty was at some definite time and place.
21Code section 411.15, concerning cities’ requirement to
22provide hospitalization and medical attention for injuries
23or diseases while on duty, is amended to provide that such
24attention shall also be provided for injuries arising out of
25and in the course of employment. The Code section is further
26amended to provide that cities shall continue to provide
27hospitalization and medical attention for injuries or diseases
28while on duty for members or beneficiaries receiving any
29retirement allowance under Code section 411.6 and not just an
30accidental disability retirement allowance under Code section
31411.6, subsection 6.
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2retirement system.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 411.1, subsection 14, Code 2020, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
414. “Member in good standing” means any member in service
5who has not been terminated by the employing city of the
6member pursuant to section 400.18 or 400.19. Termination
7procedures initiated by the chief of police or chief of the
8fire department pursuant to section 400.19 shall not become
9final or adversely impact a member’s status as a member in
10good standing until all appeals provided by an applicable
11collective bargaining agreement or by law have been exhausted.
12Disciplinary action other than discharge shall not adversely
13affect a member’s status as a member in good standing.
14 Sec. 2. Section 411.6, subsection 5, paragraphs a and b,
15Code 2020, are amended to read as follows:
16a. Upon application to the system, of a member in good
17standing, of a beneficiary, or of the chief of the police or
18fire departments, respectively, any member in good standing
19or beneficiary who has become totally and permanently
20incapacitated for duty as the natural and proximate result of
21an injury or disease incurred in or aggravated by the actual
22performance of duty at some definite time and place or arising
23out of and in the course of the employment, or while acting
24pursuant to order, outside of the city by which the member
25is regularly employed, shall be retired by the system if the
26medical board certifies that the member or beneficiary is
27mentally or physically incapacitated for further performance
28of duty, that the incapacity is likely to be permanent, and
29that the member or beneficiary should be retired. However,
30if a person’s membership in the system first commenced on or
31after July 1, 1992, the member or beneficiary shall not be
32eligible for benefits with respect to a disability which would
33not exist, but for a medical condition that was known to exist
34on the date that membership commenced. A medical condition
35shall be deemed to have been known to exist on the date that
-1-1membership commenced if the medical condition is reflected in
2any record or document completed or obtained in accordance
3with the system’s medical protocols pursuant to section
4400.8, or in any other record or document obtained pursuant
5to an application for disability benefits from the system, if
6such record or document existed prior to the date membership
7commenced. A member who is denied a benefit under this
8subsection, by reason of a finding by the medical board that
9the member is not mentally or physically incapacitated for the
10further performance of duty, shall be entitled to be restored
11to active service in the same position held immediately prior
12to the application for disability benefits.
13b. If a member in service or the chief of the police or
14fire departments becomes incapacitated for duty as a natural
15or proximate result of an injury or disease incurred in or
16aggravated by the actual performance of duty at some definite
17time or place arising out of or in course of the employment, or
18while acting, pursuant to order, outside the city by which the
19member is regularly employed, the member, upon being found to
20be temporarily incapacitated following a medical examination as
21directed by the city, is entitled to receive the member’s full
22pay and allowances from the city’s general fund or trust and
23agency fund until reexamined as directed by the city and found
24to be fully recovered or until the city determines that the
25member is likely to be permanently disabled. If the temporary
26incapacity of a member continues more than sixty days, or
27if the city expects the incapacity to continue more than
28sixty days, the city shall notify the system of the temporary
29incapacity. Upon notification by a city, the system may refer
30the matter to the medical board for review and consultation
31with the member’s treating physician during the temporary
32incapacity. Except as provided by this paragraph, the board
33of trustees of the statewide system has no jurisdiction over
34these matters until the city determines that the disability is
35likely to be permanent.
-2-1 Sec. 3. Section 411.6, subsection 5, paragraph c, Code 2020,
2is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (2A) Disease under this subsection shall
4also mean any incapacitating mental disorder arising out of
5and in the course of the employment, or while acting, pursuant
6to order, outside the city by which the member is regularly
7employed. A disease shall qualify as an incapacitating mental
8disorder irrespective of the absence of similar effects on
9other members.
10 Sec. 4. Section 411.6, subsection 6, paragraph c, Code 2020,
11is amended to read as follows:
12c. Upon retirement for accidental disability on or after
13July 1, 1998, or a determination that a beneficiary is
14entitled to a retirement for accidental disability, a member or
15beneficiary shall receive an accidental disability retirement
16allowance which shall consist of a pension in an amount equal
17to the greater of sixty percent of the member’s average final
18compensation or the retirement allowance that the member
19would receive under subsection 2 if the member had attained
20fifty-five years of age.
21 Sec. 5. Section 411.6, subsection 7, unnumbered paragraph
221, Code 2020, is amended to read as follows:
23The system may, and upon the member’s application by the
24member or beneficiary shall, require any disability beneficiary
25who has not yet attained age fifty-five to undergo a medical
26examination at a place designated by the medical board. The
27examination shall be made by the medical board or, in special
28cases, by an additional physician or physicians designated
29by such board. If any disability beneficiary who has not
30attained the age of fifty-five refuses to submit to the medical
31examination, the member’s allowance may be discontinued until
32withdrawal of such refusal, and if the refusal continues for
33one year all rights in and to the member’s pension may be
34revoked by the system. For a disability beneficiary who has
35not attained the age of fifty-five and whose entitlement to
-3-1a disability retirement commenced on or after July 1, 2000,
2the medical board may, as part of the examination required
3by this subsection, suggest appropriate medical treatment or
4rehabilitation if, in the opinion of the medical board, the
5recommended treatment or rehabilitation would likely restore
6the disability beneficiary to duty.
7 Sec. 6. Section 411.6, subsection 9, paragraph a,
8subparagraph (1), Code 2020, is amended to read as follows:
9(1) If, upon the receipt of evidence and proof from the
10chief of the police or fire department that the death of a
11member in service was the natural and proximate result of an
12injury or disease incurred in or aggravated by the actual
13performance of duty at some definite time and place or arising
14out of and in the course of the employment, or while acting
15pursuant to order, outside of the city by which the member is
16regularly employed, the system decides that death was so caused
17in the performance of duty, there shall be paid, in lieu of the
18ordinary death benefit provided in subsection 8, an accidental
19death benefit as set forth in this subsection.
20 Sec. 7. Section 411.15, Code 2020, is amended to read as
21follows:
22411.15 Hospitalization and medical attention.
23Cities shall provide hospital, nursing, and medical
24attention for the members of the police and fire departments
25of the cities, when injured while in the performance of their
26duties as members of such department or for injuries and
27diseases arising out of and in the course of the employment,
28and shall continue to provide hospital, nursing, and medical
29attention for all injuries or diseases incurred while in the
30performance of their duties or arising out of and in the course
31of the employment for members or beneficiaries receiving
32a retirement allowance under section 411.6, subsection 6.
33Cities may fund the cost of the hospital, nursing, and medical
34attention required by this section through the purchase of
35insurance, by self-insuring the obligation, or through payment
-4-1of moneys into a local government risk pool established for the
2purpose of covering the costs associated with the requirements
3of this section. However, the cost of the hospital, nursing,
4and medical attention required by this section shall not be
5funded through an employee-paid health insurance policy. The
6cost of the hospital, nursing, and medical attention required
7by this section shall be paid from moneys held in a trust and
8agency fund established pursuant to section 384.6, or out of
9the appropriation for the department to which the injured
10person belongs or belonged; provided that any amounts received
11by the injured person from any other source for such specific
12purposes, shall be deducted from the amount paid by the city
13under the provisions of this section.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill concerns benefits under the municipal fire and
18police retirement system established under Code chapter 411.
19The bill amends the definition of “member in good standing”
20to mean any member in service who has not been terminated by
21the employing city of the member.
22Code section 411.6(5), concerning accidental disability
23benefits, is amended to allow a beneficiary to make application
24to the retirement system for an accidental disability
25retirement benefit. The subsection is further amended to
26provide that a person is entitled to pay and allowances
27if determined to be temporarily incapacitated prior to an
28accidental disability retirement determination and for an
29accidental disability retirement if the person has become
30totally and permanently incapacitated as a result of injury and
31disease arising out of and in the course of the employment and
32by the actual performance of duty without regard to whether
33that actual performance of duty was at some definite time and
34place. The subsection is also amended to provide that disease
35for purposes of an accidental disability benefit also means any
-5-1incapacitating mental disorder arising out of and in the course
2of the employment, or while acting, pursuant to order, outside
3the city by which the member is regularly employed.
4Code section 411.6(6), providing for a retirement allowance
5upon retirement for accidental disability, is amended to
6provide that a beneficiary who is determined to be entitled to
7a retirement for accidental disability shall receive a pension
8as determined for members receiving an accidental disability
9retirement.
10Code section 411.6(7), concerning reexamination of
11beneficiaries retired on account of disability, is amended to
12allow a beneficiary who has not reached age 55 to request a
13medical examination to determine, in part, if the beneficiary
14can be restored to duty.
15Code section 411.6(9), concerning accidental death benefits,
16is amended to provide that an accidental death benefit shall
17also be paid if the death was as a result of injury and disease
18arising out of and in the course of the employment or by the
19actual performance of duty without regard to whether that
20actual performance of duty was at some definite time and place.
21Code section 411.15, concerning cities’ requirement to
22provide hospitalization and medical attention for injuries
23or diseases while on duty, is amended to provide that such
24attention shall also be provided for injuries arising out of
25and in the course of employment. The Code section is further
26amended to provide that cities shall continue to provide
27hospitalization and medical attention for injuries or diseases
28while on duty for members or beneficiaries receiving any
29retirement allowance under Code section 411.6 and not just an
30accidental disability retirement allowance under Code section
31411.6, subsection 6.
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